1. Field of the Invention
The present invention is related to playback of media such as music, and more particularly to techniques for allowing user control of media playback while conforming to applicable sound recording performance complement restrictions.
2. Description of the Background Art
For purposes of clarity, in the following description the terms “sound recording,” “song,” and “track” are used interchangeably. “Song-skipping” or “track-skipping” refers to skipping a song in its entirety. “Fast-forwarding” or “scanning” refers to skipping a portion of a song or playing a song more rapidly than the normal speed. The general term “skipping” refers to either song-skipping or fast-forwarding.
Internet radio, or webcasting, is becoming an increasingly popular delivery mechanism for music. A user installs player software on a conventional personal computer, and can usually specify preferences as to the types of music he or she is interested in. A music server selects sound recordings in accordance with the specified preferences, and transmits the sound recordings to the player over the Internet, using standard file transmission techniques. The player software outputs the music for the user.
Internet radio providers typically license the rights to sound recordings to be provided via webcasting. Under certain conditions, such a license can be obtained under the statutory license provisions of the Digital Millennium Copyright Act (DMCA). A statutory license is a form of blanket license that allows the provider to acquire rights to broadcast a large number of sound recordings without having to obtain separate licenses from each copyright holder.
In the United States, pursuant to 17 U.S.C. §114, statutory licenses are available only if certain conditions are met. One such condition is that the provider's transmission must not exceed a “sound recording performance complement,” which is defined as the transmission during any three-hour time period, on a particular channel, of not more than (A) three sound recordings from a particular album, including no more than two consecutive sound recordings from a particular album, or (B) four sound recordings by a particular artist or from a set or compilation of albums, including no more than three consecutive sound recordings by a particular artist or from a set or compilation of albums.
Many Internet radio providers use server-based software to select sound recordings to be transmitted; such software is usually specifically designed to generate a playlist in such a manner as to ensure that the sound recording performance complement is not exceeded. Thus, the algorithm for selecting sound recordings keeps track of which sound recordings have been selected, and makes sure that in any three-hour time period no more than the designated number of sound recordings from a particular album, by a particular artist, or from a set or compilation of albums, is transmitted.
Some player software programs allow users to skip unwanted songs and/or to fast-forward through a portion of a song. In response to a user clicking on an on-screen button or icon to song-skip or fast-forward, the player proceeds to the next song, skips a portion of the current song, or plays the current song more rapidly until the user releases the button.
When the user wishes to skip a song, the player may transmit a request that the music server begin transmitting the next song on the playlist. A player that periodically downloads transitory copies of songs may simply discard the copy of the currently playing song and start to play the next song.
When the user wishes to fast-forward, the player may transmit a request that the music server begin transmitting a subsequent portion of the current song; if appropriate, the player may discard the portion of the song that was skipped.
Such song-skipping and fast-forwarding functionality allows the user some flexibility in listening to webcast music. However, skipping in response to the user's requests may result in violation of the sound recording performance complement provisions of the DMCA. For example, song selection software may construct a playlist in which four Beatles songs appear during a three-hour time period, and a fifth Beatles song appears during the fourth hour; such a playlist would not normally exceed the sound recording performance complement provisions of the DMCA. However, if the user were to skip some of the intervening songs or fast-forward through them, the overall length of the playlist may be shortened so that the fifth Beatles song now falls within the three-hour time period. The playlist would then violate the sound recording performance complement requirements by including five Beatles songs within a three-hour time period.
What is needed is a system and method for enabling song-skipping and fast-forwarding (collectively referred to herein as “skipping”) by users, while ensuring that the sound recording performance complement provisions of the DMCA are not violated.